Social Security numbers show that at least 60% of Social Security Disability applicants who are represented are approved for disability!

In my experience, anyone who thinks the Administrative Law Judge is going to simply award benefits after hearing their story is naive and misinformed. As the saying goes, “a person who represents themselves has a fool for a client.” That is particularly true in Social Security as it is a medical and factual complex area of the law.

It is in your best interest to get representation are early as possible. You get help in filing out your initial application and forms, gathering your medical records (Social Security does not always get our whole chart), filing your Request for Reconsideration, filing for a hearing, developing the evidence need for the hearing and getting your ready to testify before the Administrative Law Judge.

Your lawyer can explain the Social Security Disability process and answer your questions.

A representative is paid from your back benefits up to 25% of the back benefits up to $5,300.00. If the representative does not win, there is no fee.

Some people don’t want to pay for representation and would rather take their chances. Most get what they paid for – nothing.

Understanding how the system works and having representation can make the difference in getting your benefits.

Contact skilled attorneys Cavey & Barret to give yourself the maximum chance of success.

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Your initial application for Social Security Disability benefits will be reviewed by disability examiner. In each of the 50 states there is a State Agency which is generally known as Disability Determination Services. This agency is responsible for handling your initial application and your Request for  Reconsideration.

Your file is assigned to a disability examiner who obtains your medical records from the medical providers you listed on your application. Once your records are received, the disability examiner will review your file and your medical records. The disability examiner will be looking for medical records that establish your physical abilities.

Since most treating doctors have not been trained to write medical reports outlining a patient’s physical abilities, it is not uncommon for the disability examiner to consult with a staff doctor in the disability unit. The staff doctor will look at your medical records and, using their medical crystal ball, determine what you are physically capable of doing-it is called “determining your residual functional capacity”. This is Social Security language for how much can you lift, how long can you stand or sit, whether you can bend at the waist etc.

Why is that important? As explained in the postings about the 5 hurdles, once your limitations are determined, the disability examiner is going to ask whether or not you can go back to the lightest job you did for the 15 years before you became disabled. If you cannot do your “past relevant work”, disability examiner will ask, at Hurdle 5, whether you perform some other work in the mythical national economy.

If the disability examiner says you can’t perform some other type of work, you win.

However, 80% of the time, the disability examiner says you can do some other type of work and denies your claim.

And, when you file your Request for Reconsideration, your claim goes back to the same State Agency that denied you in the first place. While your case goes to another claims examiner, most cases are denied again.

If is only after you get denied twice (almost always), that you can file for a hearing in front of an Administrative Law Judge… who is NOT bound by the earlier denials and who is NOT employed by the State Disability Agency.

You can improve your chances of approval by properly filing out the forms that are sent to you by explaining the limitations in your functioning from the time you get up till the time you go to bed. Paint a picture that the disability examiner and staff physician can see in their mind’s eye. Filling out these forms is difficult and you would benefit from consulting skilled attorneys Cavey & Barret.

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Probably twice! Your initial disability application for Social Security benefits will probably get denied and you will have to file a Request For Reconsideration. Some people may call that an appeal but the proper Social Security jargon for the first “appeal” is a Request for Reconsideration.

More than 80% of all Requests for Reconsiderations are denied. That makes twice!

And, you need to appeal a second time by filing what is called a Request for a Hearing. A real live hearing in front of an Administrative Law Judge and not some disability determination clerk!

You can and, in my opinion, should have an experienced Social Security Disability attorney represent you at all stages-from the initial application, through the Request for Reconsideration and the Request for Hearing.

When you call a disability lawyer, you will be asked if you have been denied and how many times. That is short hand for trying to determine what stage of process you are at and what needs to be done next.

Remember that if you don’t appeal a denial timely you can lose valuable rights and have to start all over! You do not want to file a new application – you want to appeal by filing either a Request for Reconsideration or a Request for Hearing.

When you make that call have a copy of all correspondence you have gotten from Social Security in front of you. You can read what is says, if need be, so your lawyer can begin the correct appeal process. Don’t get confused! Appeal! And be sure to hire an experienced attorney such as Nancy Cavey or Sharon Barrett.

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National statistics show that 85% of reconsiderations are denied. What an amazing number! Why do so many Requests for Reconsiderations get denied?

Your initial application for Social Security Disability benefits and the request for reconsideration is, in most states, referred to a state agency who had contracted with the Social Security Administration (SSA).

The initial examiner most always gets it wrong. Unless there is “in your face” evidence of disability, the examiner who looks at your file at the reconsideration stage is just going to rubber stamp the initial denial.

Many times a doctor on contract with the state agency will be asked to look at the medical evidence that has been gathered from your medical providers and asked to determine what your physical limitations are and your ability to function. It is not unusual for this doctor, who know nothing about you and who won’t examine you, to tell the state disability determination office you have the physical ability to go back to the lightest job you have done in the last 15 years. That means you lose at Hurdle 4!

The request for reconsideration is just a paper review. You don’t get to meet the examiner or introduce evidence about what your doctor says.

Records do not tell the whole story.

The sooner you get through the Request for Reconsideration stage the better! You want to get to the Administrative Law Judge so you can tell your story. Appeal without delay any denial of your Request for Reconsideration. For more information contact us here.

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If you file for Social Security Disability benefits and are denied, you should appeal by filing what is called a Request for Reconsideration. This is the second stage in the social security disability process. You must file your reconsideration within 60 days, plus 5 days for mailing, of the denial of your initial disability application.

What are the odds of getting approved at the reconsideration level (recon)? The average denial rate is 85%. Wow!

The request for reconsideration goes back to the same folks who denied your claim the first time. A state agency, referred to as DDS, or disability determination services, reviews both the initial application and the request for reconsideration. The process is the same but a different person looks at the request for reconsideration. Same result just a different person!

So, why bother to file a Request for Reconsideration if 85% are turned down? Because if you don’t file a Request for Reconsideration and change your mind 65 days later, you get to START all over again. More importantly, you have to jump through the Reconsideration hoop to get a hearing before an Administrative Law Judge (ALJ)  where the odds of success are significantly greater.

Don’t be discouraged! Just file your Request for Reconsideration so you can jump the next hurdle. Don’t stumble and don’t delay! Contact experienced Social Security Disability Lawyers Cavey & Barrett today!

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